Space Appeal :: Science Planets NASA Papers

Space Appeal Advertising exercises have been and consistently will be a fundamental piece of team exercises. While these exercises assimilate assets, the most huge of which is time, they additionally carry open and political help to the program and give a portion of the arrival on venture of the program.† †NASA, The Mars Reference Mission, Pg. 25 Since the day of NASA’s most prominent triumph on July 20, 1969, there has been a sense among numerous American individuals and legislators that the once-unbelievable objective of overcoming space has been practiced, and that quite a bit of what NASA has done since are essentially pointless ornaments of the government spending plan. So as to endeavor to legitimize its own reality, NASA has wanted to participate in ventures that can excite the general population and in this way keep individuals intrigued by space investigation. In doing as such, a critical part of their spending plan, which has been cut throughout the years, is spent on advertising, diminishing the financial plan for real space-related exercises. By utilizing its assets to â€Å"bring open and political help to the program†1, NASA has been taking a gander at the issue in reverse. By working all the more proficiently and spending less on making their tasks â€Å"sexy† they could really achieve thei r objectives, which would certainly catch the public’s eye. It is the ideal opportunity for NASA to move into another time, where the objective is to pick those activities that will really prevail rather than those that sensationalize space, those that intrigue to the researcher rather than the normal American. One objective that NASA has been progressing in the direction of for a considerable length of time is that of sending a kept an eye on strategic Mars. While there is no official intend to send a man to Mars, there is wide help for it at NASA and it unmistakably would be endeavored when/if conceivable. Sending a human to another planet would be an amazing advance for the as of late insulted space 1 Koff, Stephen. â€Å"NASA’s new boss will ask 'why' a lot†. The Plain Dealer. January 10, 2002. National Pg. A2. Lexis-Nexis Universe. On the web. Nexis. April 28, 2002. program, and would almost certainly bring back a huge open enthusiasm for the universe unheard of since the prime of room during the 1950s and 60s. In any case, NASA exists neither to engage the American individuals nor to advance enthusiasm for space. As indicated by Sean O’Keefe, NASA’s recently printed Chief Administrator, it exists to â€Å"advance the improvement of science and technology†2.

Always Hope :: College Admissions Essays

Continuously Hope Without trust, we don't have anything. I have taken in this significant exercise in managing my Mother and Cancer. My Mother ignored on June fourth of this current year. Scarcely three months prior, but I despite everything can't accept she is no more. Mother was given fourteen days to live in the wake of discovering that she had Breast Cancer that had gone excessively far and was all through her body. It is a marvel that she lived for 28 months and we say thanks to God for every day. Mother confronted passing with mental fortitude, quality and never surrendered trust in a marvel. Her Dr's were astounded each time they saw her, which was on a month to month premise. You were unable to take a gander at her and see a thing amiss with her. She looked solid and powerful, friendly and in the event that she didn't care for something she would tell you. In any case, she generally had confidence that when her opportunity arrived she would go to meet her Maker and be brought together with her folks and individuals from the family that had just ignored. Mother had dreams all through those 28 months of seeing my Grandmother. Talking with her, in her fantasies. Also, one thing that Nana consistently advised her was to never surrender her confidence and expectation. That without trust we don't have anything. I accept that Nana was setting up her for her arrival to the Lord and to Nana. As I expressed previously, Mom disregarded in June. It was the hardest time in my life. However, the choices that I made, where made with the expectation that I was making the best choice.

Read Harder 2018 Books Set In or About 1 of the 5 BRICS Countries

Read Harder 2018 Books Set In or About 1 of the 5 BRICS Countries This years Read Harder challenged is presented by Libby. Meet Libby. The one-tap reading app from OverDrive. By downloading Libby to your smartphone, you can access thousands of eBooks and audiobooks from your library for free anytime and anywhere. You’ll find titles in all genres, ranging from bestsellers, classics, nonfiction, comics and much more. Libby works on Apple and Android devices and is compatible with Kindle. All you need is a library card but you can sample any book in the library collection without one. In select locations, Libby will even get your library card for you instantly. Learn more at https://meet.libbyapp.com/. Happy Reading. The unofficial political affiliation between the BRICS countries (Brazil, Russia, India, China, and South Africa) isnt widely discussed outside of professional marketing circles. Together, these countries account for two-fifths of the global population and about a quarter of the worlds land. They have been working together to grow as a global economic leader with vary levels of success in each country. I’ve never thought of books from these countries as a group until now, but the literature in this list reflects those same political imbalances. Thematic similarities (like ownership, immigration, and self-justification) pry out of each book. The stories here waver between being all about a BRICS country to using powerful symbolism of a BRICS country. This list is by no means comprehensive, but it gives a snapshot of books set in or about a BRICS country: Out by Natsua Kirino Out by Natsua Kirino is a Japanese novel about a group of women who work together at a factory. Outside of work, they cover up a murder together. The man who lands himself into a complicated relationship with the matriarchal figure, Masako, however, is half-Brazilian. His experience as a Japanese citizen who doesn’t look Japanese doesn’t excuse his bad behavior, but the way he forces himself into the story highlights his cultural battle to belong somewhere with someone. Trigger warning: rape and gore. The America Play and Other Works by Suzan-Lori Parks If you’re interested in a less conventional choice, in terms of genre and style, a great play to read is The America Play by Suzan-Lori Parks, which is published in her book The America Play and Other Works. The Foundling Father, a black gravedigger who looks like former President Lincoln, spends the whole first act contemplating  his place in America. His son Brazil inherits the role of  gravedigger thereafter. He mourns his father endlessly. The America Play is American, but this conflicted character directly symbolizes Brazil, the country which imported the highest number of enslaved people in the west and was the last country to abolish slavery. The play embodies colonized genealogy, while also confronting the role the U.S. plays in the black diaspora. A Woman is a Woman Until She is a Mother by Anna Prushinskaya Anna Prushinskaya’s essay collection A Woman is a Woman Until She is a Mother is indebted to her Russian background and family history. She muses about her grandmothers as mothers, the final months of her pregnancy, using apps during parenthood, and, ultimately, her life as an immigrant from Russia (who moved to the U.S. when she was a preteen). The book also brings in a number of other cultural references to motherhood, including ideas from Alice Walker and a documentary entitled Little Stones. One bonus for choosing this book: you can probably read it in a day. Pnin by Vladamir Nabokov If you’ve only read Vladamir Nabokov’s Lolita, Pnin is a good choice to get you back into his work. That’s what happened to me a few years ago after I read Zadie Smith say that it’s one of her favorite booksâ€"one that she teaches regularly. The namesake, Timofey Pavlivich Pnin, was born in Russia but is very conscious of his American citizenship. Hes also an assistant professor of classic Russian literature in the U.S. during the 1950s. The book is written in sometimes loopy digressions, which adds to the way the story satirizes higher education. Narcopolis by Jeet Thayil Narcopolis, written by Jeet Thayil, follows the trends of drugs, prostitution, and religion in India over the course of a few decades. An opium user narrates the story in long, poetic sentences (Thayil is also a poet). Dimple, a castrated prostitute, is the standout character, but a few other peoples lives are dug into during the novel as well. The city of Bombay (now Mumbai) is alive in this novel. Trigger warning: rape. Family Life by Akhil Sharma Akhil Sharma’s Family Life is a semi-autobiographical novel about Ajay, a boy who immigrated to America from India with his family. At the center of the story is his younger brother’s severe head injury. That accident ends up consuming each character. A couple of moments from this book that I still think about are the blue dress he imagines his future girlfriend will wear one day and the detergent soap running down the streets on laundry day. Little Fires Everywhere by Celeste Ng Little Fires Everywhere by Celeste Ng is not set in China, but one of the central conflicts in the story revolves around the adoption of a baby born to a Chinese immigrant in the U.S. A moral and legal dispute tears a town apart, much in the style of Harper Lee’s To Kill A Mockingbird. The main plot line follows the relationship between two families in a way that reminded me of Zadie Smith’s White Teeth. The quick pacing of the plot is also comparable to Out. Sour Heart by Jenny Zhang Jenny Zhang’s short story collection Sour Heart tells the experiences of various Chinese American immigrants. I know this (along with Little Fires Everywhere) is a popular book, but if you haven’t read it yet, this might be a good time to do it. The first story is my favorite one. All of the roaches and moving was so vividly done. I don’t think I’ll ever forget the image of the families sleeping in the same room together experiencing America. The Woman Next Door by Yewande Omotoso The Woman Next Door by Yewande Omotoso is set in South Africa and follows the property disputes between two neighbors. They are older, widowed characters, which is a refreshing change for a fictional story. The book opens with a town hallâ€"style meeting, which throws you right into a world of women with political power. Two women struggle together from there on with racial identity, friendship, and motherhood in the midst of an uncomfortable living situation. 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Fast Food Nation Essay - 862 Words

Fast food is very popular amongst today’s society. Fast Food Nation has reasons for the explosion in popularity of fast food restaurants in the mid-1900’s. It also explains negative effects on American Culture in today’s society. The fast-food industry has multiplied across America and changed the food industry. Eric Schlosser describes in Fast Food Nation the way people think about what they eat and what people think of the fast food industry, and also its impact on society. 2 ND There are many reasons on how fast food became popular in the mid-1900’s. One reason for why it became popular was the Speedee Service System. This service was to show how quick and efficient the service was. This system revolutionized the restaurant business,†¦show more content†¦The site encourages kids to send Ronald an email revealing their favorite menu item at Mcdonalds† (Schlosser 45). â€Å" Today’s market researchers not only conducts surveys of children in shopping malls, they also organize focus groups for kids young as two or three†( Schlosser 45). Children’s clubs have for years been an attraction to target children ads. 4th School advertising is the final reason for why it became popular in the mid-1900’s. The school advertising started during the 1990s. It started a nationwide trend spreading fast rapidly throughout the U.S. District 11 in Colorado Springs was the first public school to school advertise and place ads in the hallways of the school. â€Å"District 11 faced revenue shortfalls thanks to growing enrollments and voter and hostility to tax increases for education† (Schlosser 51). â€Å"In 1996, school administrators decided to seek to negotiate help from a professional, hiring Dan DeRose, president of DD Marketing Inc†(Schlosser 51). 5thA negative effect on Americas fast food industries is that they have health regulations. Health regulation on fast food can affect people like strong allergic problems. People can be allergic to anything they put in the fast food. Corn syrup was one of the most common ingredients in fast food that people were allergic to in the mid-1900s. â€Å" The Food and Drug Administration does not require flavor companies toShow MoreRelatedFast Food Nation Essay804 Words   |  4 Pagesstudy called â€Å"Fast Food Nation 2008. The panel consisted of 1,000 respondents of ages 16-65 who provided their inputs with an online survey which was conducted between March 13 through 2008. Which was based on results on fast food restaurants like McDonald’s, Burger King, and Wendy’s are gaining popularity even through the economic hardship and recession. Marketing strategy has become more of influence on kids and young American’s. As population grows and the demand increases of f ast food restaurantsRead MoreFast Food Nation: The Inconvenient Truth of Fast Food Essay572 Words   |  3 Pages ‘Fast Food Nation’ by Eric Schlosser traces the history of fast food industry from old hot dog stands to the billion dollar franchise companies established as America spread its influence of quick, easy and greasy cuisine around the globe. It is a brilliant piece of investigative journalism that looks deep into the industries that have profited from the American agriculture business, while engaging in labor practices that are often shameful. In Fast Food Nation, Schlosser goes beyond the factsRead MoreFast Food Nation: Death in the Fast Food Lane Essay1121 Words   |  5 PagesFast Food Nation, by Eric Schlosser, is a stark and unrelenting look into the fast food industry that has ingrained itself in not only American culture, but in many cultures around the world. There is almost no place on earth that the golden arches has not entered. Aside from Antarctica, there is a McDonalds on every continent, and the number of countries that have fast food restaurants is growing on a daily basis. Schlosser describes in detail what happens behind the scenes, before the hamburgerRead MoreFast Food Nation by Eric Schlosser Essay1205 Words   |  5 Pagesat first glance. Eric Schlosser’s book Fast Food Nation delves deep into the intricate workings of the fast food industry to expose mistreatment and cruelty towards workers in the business, just as Upton Sinclair had done in the early 1900’s regarding the meat packing industry. Schlosser is able to bring light to the darkness behind the All-American meal through extensive research and personal confrontations of which he has high regards for. Fast Food Nation is a good literary nonfiction book asRead MoreFast Food Nation, by Eric Schlosser Essay1928 Words   |  8 Pagesthe most shocking books of the generation is Eric Schlosser’s Fast Food Nation. The novel includes two sections, The American Way and Meat and Potatoes,† that aid him in describing the history and people who have helped shape up the basics of the â€Å"McWorld.† Fast Food Nation jumps into action at the beginning of the novel with a discussion of Carl N. Karcher and the McDonald’s brothers. He explores their roles as â€Å"Gods† of the fast-food industry. Schlosser then visits Colorado Springs and investigatesRead MoreEssay on Challenging Beliefs in Schlossers Fast Food Nation544 Words   |  3 PagesIn his thought-provoking book, Fast Food Nation, Eric Schlosser argues that Americas fast food franchises have played a major role in contributing to the obesity and ill health of Americans. This paper shows how Schlosser argues that fast food has contributed to uncontrolled development, negatively impacted American culture, and have had a largely negative impact. The effects of Fast Food Nation on American society and politics show that Schlossers thesis is largely convincing, due to both hisRead MoreA Comparison of In-N-Out Burger and Fast Food Nation Essay1322 Words   |  6 Pagesexpect that both In-N-Out Burger and Fast Food Nation must have strong hooks at the beginning since they were both New York Times bestsellers. Although they both focus on the fast food industry, there is quite a contrast in the way they are written. In the prologue of In-N-Out Burger, the author Stacy Perman writes not about the hamburgers or the company, but mainly about the phenomena that the burgers caused. On the other hand, in the introduction of Fast Food Nation, the author Eric Schlosser splitsRead MoreObesity Fast Food Nation Essay661 Words   |  3 PagesFast Food Nation Obesity has grown into a rampant issue all over the United States, over the past few decades. Fast foods also have increased their outlets in the nation, in turn, depicting a success in the business venture. It is clear that fast foods have become quite cheap in comparison to healthy, homemade meals. Subsequently, people have turned to eat fast foods for economic reasons. Convenience is yet another reason behind people’s high indulgence in eating fast foods other than healthy,Read MoreThe Jungle And Fast Food Nation Essay781 Words   |  4 Pages Imagine the most popular food in America, or even your favorite food, being covered in old grease and blood. Hamburgers. This is the most eaten food in our nation and it has become a high risk food because of the way it is processed. This food can affect your health due to how they are manufactured in our country. Americans have been adapted to not question on what happens behind the closed doors of our food industries, and how our favorite food is made is the last thing we think about. A permanentRead MoreEssay An Analysis of Eric Schlossers Fast Food Nation1154 Words   |  5 PagesNew York Times bestseller Fast Food Nation: The Dark Side of the All-American Meal is one of the most riveting books to come out about fast food restaurants to date (Schlosser, 2004). Fast food consumption has become a way of life for many in the United States as well as many other countries in the world. The author Eric Schlosser an investigative reporter whose impeccable researching and bold interviewing captures the true essence of the immense impact that fast food restaurants are having in America

The Importance Of Psychology And Social Psychology

In the recent times, psychology plays a key role in the justice system, specifically the application of psychological concepts to enhance policing performance. Under law enforcement role, the responsibilities of police such as investigation, interviewing and interrogation, detection, and negotiation are critical in policing responses. Cognitive and social psychology have been applied to enhance policing techniques especially for interviewing processes. The purpose of this essay is to critically explore how cognitive and social psychological methods can be applied in suspect interviewing. Firstly, the eminence of suspect interviewing will be demonstrated followed by the definition of cognitive psychology and social psychology. Theoretical implications of police interviewing will then be reviewed in terms of suspect interviewing. Finally, the justification of cognitive and social psychology will be highlighted in relation to their potential to be a promising approach for suspect interv iewing. What a crime occurs, police have to answer the following questions: what happened; where did it happen; when did it happen; how did it happen; and who has done it? The key focus for the police should be how to obtain sufficient information to answer these questions? And where would they collect the data from? The evidences from a crime scene are the best answer for police in order to reconstruct the incident and find out the suspect. In spite of that the evidences might be destroyedShow MoreRelatedThe Applications of Psychology1367 Words   |  6 Pagesï » ¿Application of Psychology Introduction There is a complex interplay between psychology, its application, history, social influences and individual behavior of the applicator and the beneficiary of the application. There is a huge variety of application of psychology in different fields some of which are behavior, memory and social psychology. Applications of Psychology Behavior Behavioral medicine began as a continuation of Medical Psychology model, and highlights the role of learned behaviorRead MorePsychology and Its Importance1295 Words   |  6 PagesArticle Psychology and Its Importance Psychology What psychology means? What’s the function of psychology? Is it important? What’s the importance of it then? What do you call a person who studies psychology? There are a lot of questions concerning psychology and as you continue reading this article many of those queries will get answered accordingly. Psychology means a theoretical, educational and applied science connecting the scientific study of mental operations and behavior or performanceRead MorePsychologys Influence on Nursing Essay1149 Words   |  5 PagesAs defined by Mason and Whitehead, psychology is a branch of biological science which focuses on the study of conscious life in its origin (66). Mason and Whitehead go on to argue that conscious life refers to the experiences of the individual and origins refer to the particular group or issue being reviewed: e.g., child, adult, abnormal or animal (66-7). A basic examination of the definition of psychology demonstrates that the practice is one that requires understanding of the human experience andRead MoreMotivation Research : Curiosity And Career Related962 Words   |  4 Pagesrecognize the importance of research to a psychology graduate program. Graduate school is centered around a large-scale research project. The ability to effectively research has the potential to take me exceptionally far. In the realm of career application, research can play a role in the day to day assignments of and industrial-organizational psychologist, my ideal career. My primary interest in the realm of psychology is efficiency. This directly applies to industrial-organizational psychology as thisRead MoreSocial Psychology And Its Impact On Individual Behavior1262 Words   |  6 PagesSocial psychology has evolved through history and its developments and contributions have been remarkable. This specialized area of psychology studies various topics that are significant for human beings (Ross, Lepper, Ward, 2010). This paper presents with an overview of social psychology by addressing its central themes, strengths, limitations, relevance, and the significance of cultural considerations. Central themes Three central themes are apparent in social psychology research. These themesRead MoreSocial Psychology: The Study of Influences Essay1420 Words   |  6 Pagesthat has been explored. Psychology, or the study of â€Å"why†, has been attempting to answer such questions for centuries. Although there are many answers (reflected in the number of schools of psychology), Social psychology attempts to explain the environmental factors that lead to a person behavior. By definition, Social Psychology is â€Å"the study of the manner in which the personality, attitudes, motivations, and behavior of the individual influence and are influenced by social groups† (Merriam-WebsterRead MoreMy Future Career Research Paper1323 Words   |  6 PagesAkira Lokey October 5, 2014 7th period Future Career Research Paper â€Æ' What is the importance of goals? Do goals help you plan out your future? Or possibly give you something to work for? To me goals provide a map of what I want to do, how I’m going to do it, and why I want to do it. Goals also provide a sense of accomplishment when you finally get to finish whatever you’ve been working towards. The need for goals in life is clear, because without goals, we wouldn’t get much done. Simply becauseRead MoreSocial Psychology Psy 400757 Words   |  4 PagesSocial Psychology Dawn S. Peck PSY 400 12/22/2014 David Brueshoff Social Psychology What is Social Psychology all about? Why is the study of it so important? Is there truly a purpose and benefit from the findings of the studies? Let’s look at each of these questions, break them down, and try to make sense of it all. Simply defined, Social Psychology is the scientific study of individual attitude and how it effects or influences others in a social context. It is helpfulRead MoreThe Importance of Sport and Exercise Psychology Essay1050 Words   |  5 PagesSport and exercise psychology is a mandatory aspect of the sport science discipline. This discipline contributes to the various professional practices associated with physical activities such as - teaching of physical education, recreation and health promotion, and kinesiology related professions - because it plays a mental role for the participants. Sport and exercise psychologists view physical activity in several different ways: physical activity as a tool for health, physical activity as a too lRead MoreSocial Psychology: Characteristics, Motives, and Situationism1494 Words   |  6 PagesSocial Psychology: Characteristics, Motives, and Situationism PSYCH/550 May 27, 2013 Social Psychology: Characteristics, Motives, and Situationism According to Fiske (2010), the classic definition of social psychology is, â€Å"the scientific attempt to explain how the thoughts, feelings, and behaviors of individuals are influenced by the actual, imagined, or implied presence of other human beings† [ (p. 4) ]. In other words, where general psychology is the study of human behavior on an individual

JG-TAG Free Essays

From teaching prospective natural language processing is superior due in large part to the â€Å"domain of locality â€Å"in this theory. Also it provides a brilliant framework to represent different verb classes using tag trees. TAG has always excelled in providing context sensitivity to a basic rule system and a lexicalized JG grammar implementation would allow JG structures that have previously been represented programmatically to be described in a more easily visualized and maintainable data structure format. We will write a custom essay sample on JG-TAG or any similar topic only for you Order Now The verb class JG-TAG trees would also simplify the lexical rules by attaching them to specific verbs and allowing them to be limited to the context of a specific verb. One of the exercises in creating such a system would involve the format of lexical rules that would be attached to the JG-TAG trees. Each JG-like rule in the tree specifies left-to-right, right-to-left or discontinuous ordering. Recall that the JG approach involves in-situ wh-elements and a specific traversal order without creating target nodes for movement. Thus the algorithm for deciding traversal would reflect, but not implement, movement. The documentation and implementation papers for the JG ordering algorithms and transfer language used in an early machine translation project could be a good starting point for a JG-TAG system (Melby 1974, Gessel 1975). Another challenge would be matching and using features attached to JG nodes with the TAG feature capabilities. TAG unification features that prevent more than one tense-bearing verb to be attached usually would be implemented by JG lexical agreement rules. However, the feature unification approach from TAG provides a straightforward manner to keep track of main and auxiliary verbs and their inflections as a sentence is created from the tree. Mandatory, optional and null adjunction constraints allow the relationships between the various TAG tree sets to be carefully defined, linked together and maintained. Expert rule systems generally need these kinds of constraints in order to assure tractable development and maintenance. These same capabilities would be very advantageous to link together JG tree fragments that would define a working grammar for a particular language. The power of the MC-TAG trees that encapsulate semantic relationships would then output not just a surface ordered derived tree but an order-independent syntax/semantics representation less dependent on th derivation tree for semantic relationships. The JG trees are not at as low a semantic level as the derivation tree but provide structure related to the original utterance (e.g. active vs. passive) and are very rich in specific syntax and semantic relationships (e.g. themes and verb classes with thematic roles (Millett, 1975)) between the concepts of the utterance. Comparative and quantifier structures have a particularly rich semantic structure in JG (Lytle 1985) and a JG-TAG system could facilitate comparison of the capabilities of a JG-based text-understanding application to other standard approaches. A JG-TAG system could also provide a standardized application and coding framework for using Junction Grammar. Conclusions As TAG formalisms have been applied to natural languages, their advantages over context-free phrase structure rules have become more apparent. Many useful re- finements to the basic TAG formalism have supported a wide variety of structures. Meanwhile JG embodies rather different assumptions than do traditional theories: a separation of linguistic data via conceptual and articulation trees, junction operators on non-terminal nodes, multiple-linked tree structures, and flexible traversal of lexical rules. The appreciable overlap of approaches with TAG and JG has prompted this discussion on combining the benefits of both theoretical systems to represent and process Junction Grammar trees. The advantages of the mildly context sensitive lexical JG-TAG system proposed in this paper can expand the domain of locality for JG trees, simplify lexical rules by attaching them to supertag class trees and draw on the extensive NLP experience using TAG based systems to benefit JG. TAG could likely also benefit from junctions, ordering, and multiple tree enhancements from Junction Grammar. How to cite JG-TAG, Papers

Style and Stylistics Essay Example For Students

Style and Stylistics Essay WHAT IS STYLE AND STYLISTICS? What is meant by style is debatable because it is highly debatable if human beings are exactly alike. It is very difficult to arrive at a full description of style that is acceptable to all scholars. As such there are many definitions of the word style as there are scholars yet no consensus is reached among them on what style is. Chapman (1973) is of the view that style is the product of social situation i. e. of a common relationship between language users. He further said that style is not an ornament or virtue and is not confined to written language, or to literature or to any single aspect of language. Language is human specific and used in society. No human language is fixed, uniform, or varying; all languages show internal variation. This variation sows the distinct feature of individuals or a group of people which is usually referred to as style. Style is popularly referred to as ‘dress’ of thought, as a person’s method of expressing his thought feelings and emotions, as the manner of speech or writing. (Samson:1996). From the definition above, one can deduce that style is the particular way in which an individual communicate his thoughts which distinguishes him from others. Style can also be defined as the variation in an individual’s speech which is occasioned by the situation of use. (Yule: 1996) from the definition of style provided by Yule, style is described as the variations in language usage. In essence, style is conditioned by the manner in which an individual makes use of language Middleton is of the view that style refers to personal idiosyncrasy, the technique of exposition and Chatman says that style means manner – the manner in which the form executed or the content expressed. From the definitions above, it can be deduced that style is unique to every individual or person and it is a product of the function of language as a means of communication. Thus, style can be described as the manner in which a writer addresses a matter. The way in which a writer writes which is also known as the writer’s style reveals the writer’s personality. A writer’s style is known by his choice of words, words patterns, graphological devices and major thematic pre- occupation. Style can also be defined as deviation from the norm. This definition is based on the standard or value. When this is applied to language, we realize that members of a society have agreed to use language in a particular way and any other usage aside this is seen as a deviant. In this vein, style is seen as any use of language which goes contrary to this agreement. Language is understood to be a code. A writer’s style is often expressed by the grammatical clauses and structures he prefers as by his choice of words. A breach of the code may result in an ungrammatical sentence or a deviant. The deviations which a writer is associated with are known as his style of writing. Style can also be described as the choices made in the process of writing. These choices are made consciously or unconsciously. The style of a writer is made manifest in his sentence form. For example, 1. The man died. 2. The man was murdered. 3. The man was assassinated. 4. The man gave up the ghost. From a cursory reading of the sentences written above, one can decipher that there is a difference in the attitude of the writer’s which is exhibited by their choice of words. For example, killed is neutral while murdered and assassinated is criminal. Also, the writer’s choice of word is also conditioned by his occupation which M. A. K Halliday has provided three situational categories for which are: mode, tenor, and field. Style is also used synonymously with register. When a user directs his artwork towards a particular style, he is adopting a register which may be deliberate and with awareness of a recognised style, as when a barrister speaks in court. When the same barrister engages in family talk, he will use a different one. .uead28ff67cedc3f386beab71dd5ae981 , .uead28ff67cedc3f386beab71dd5ae981 .postImageUrl , .uead28ff67cedc3f386beab71dd5ae981 .centered-text-area { min-height: 80px; position: relative; } .uead28ff67cedc3f386beab71dd5ae981 , .uead28ff67cedc3f386beab71dd5ae981:hover , .uead28ff67cedc3f386beab71dd5ae981:visited , .uead28ff67cedc3f386beab71dd5ae981:active { border:0!important; } .uead28ff67cedc3f386beab71dd5ae981 .clearfix:after { content: ""; display: table; clear: both; } .uead28ff67cedc3f386beab71dd5ae981 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .uead28ff67cedc3f386beab71dd5ae981:active , .uead28ff67cedc3f386beab71dd5ae981:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .uead28ff67cedc3f386beab71dd5ae981 .centered-text-area { width: 100%; position: relative ; } .uead28ff67cedc3f386beab71dd5ae981 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .uead28ff67cedc3f386beab71dd5ae981 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .uead28ff67cedc3f386beab71dd5ae981 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .uead28ff67cedc3f386beab71dd5ae981:hover .ctaButton { background-color: #34495E!important; } .uead28ff67cedc3f386beab71dd5ae981 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .uead28ff67cedc3f386beab71dd5ae981 .uead28ff67cedc3f386beab71dd5ae981-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .uead28ff67cedc3f386beab71dd5ae981:after { content: ""; display: block; clear: both; } READ: Causal Argument-Binge Drinking EssayA regular recurring of a register creates a style in the individual. Style is the particular way in which something is done. It is also the features which a work of art is known Linguistic is concerned with language as an observable phenomenon of human activity, both in its general principles and in the particular realizations which we call language. The linguistic study of different style with which human language is written is called stylistics. Linguistics and stylistics are complementary in the sense that we study the human language with a view to getting the meaning, style etc. Stylistics is a discipline devoted to the study of style. It may be defined as the systematic, methodical or scientific study of style. The word scientific is significant here as it relates to linguistics which is the science that investigates or describes languages and how it works. Turner (1973) describes stylistics as: that part of linguistics which concentrates on variation in the use of language, often, but not exclusively with special attention to the most conscious and complex uses of language in literature. Stylistics is the study of the uses of language in their various manifestations. The use of language in literature usually receives special attention in stylistics. Stylistics is interested in the analysis of the type and reason for choosing a given style in a language. It looks into how language is used grammatically, semantically, phonologically, morphologically and as discourse. Chapman (1973) defined stylistics as a part of sociolinguistics which in turn is the study of language in relation to society. Stylistics is concerned with the identification of the distinctive features of a variety of the peculiarities or idiosyncrasies of an author through the principles of linguistics. The Stylisticians (practitioners of stylistics) uses the principles of linguistics to single out the feature of language which are restricted to particular social contexts, and he accounts for reason(s) why such features are used when and where they are used. Stylistics according to Oxford Advanced Learner’s Dictionary is â€Å"the study of style and the methods used in written language†. Stylistics can be defined as the study of the varieties of language usage. Stylistics can also be defined as the analysis and description of the features of style in literary texts. Reference: Brown K. (2005). Encyclopaedia of Language and Linguistics. Oxford: Elsevier. Dare, S. A. (1991). â€Å"Some Approaches to the Study of Style. † In Oyegoke, Lekan (Ed) Undergraduate Text in English Language and Literature. Ibadan: Paperback Publisher Limited. Oxford Advanced Learner’s Dictionary. Stylistics and Varieties of English.

Pure Capitalism Essays - Taxation, Public Finance, Tax, Income Tax

Pure Capitalism My idea of the perfect government could be called ?Pure Capitalism?. It is based on survival of the fittest and not all people are created equal. To explain this government I will compare it to our current system. The biggest concept is that the people have complete control of most all economic conditions. Taxes: I do not believe in an income tax, I want to choose what I do with my money. Income in my view is a form of double taxation. To make up for the loss of no income tax, the sales taxes would be increased, not only would this allow people to have more control over there money it would virtually eliminate tax fraud. The sales tax could not tax food intended for consumption, clothing, or other Basic necessities of life. On average products the rate would be a flat percentage rate, and on products considered luxiourus the rate would be exponential, much like our current income tax system. A new administration would be formed to control the rates and stop double taxation. The inheritance tax would be abolished, if I want to work hard my life, throw all of my money in the bank, and leave it to my kids so that they can sit around doing nothing till the day they die, I shouldn't have to pay for politicians to do sit around there whole life too. Welfare: The current welfare program pisses me off. In pure capitalism there would be a one year minimum for basic welfare, after that, all you get is a big ?good luck!, no one ever said life was fair?. If you can't get a job in 365 days you don't deserve for me to support you. The only exception here would be if someone was receiving average or higher education, in which the welfare program would last one year after completing the course. A set amount of bonus welfare would be received for each dependent when the program is started, but a deduction larger that the original bonus for any children born after the program has started. This is to discourage the inferior from reproducing. Poor breed poor. Again there is any exception for advrige or higher education received. In order to encourage private businesses to form, an extremely powerful business loss compensation loss program would be designed. In order for an economy like this one to survive, it takes guts on the part of the individual, unfortunately that is the reason many potential Trumps are never discovered. To counteract this, any business which is registered with the gov't and then fails, will have compensation equal to the amount invested in the business initially, that way someone couldn't start a business, inflate the vaule till it is about to crash, then liquidate to receive the amount of the inflated value. They could only get to amount they invested in it back. Labor: Every business needs a power work machine. Labor Unions in my ideal economy would have much more power provided by the government. Corporations would be required to sell stock to its workers. 401(k) plans would be highly encouraged, and other fringe benefits provided. When you retire the amount recieved would be based on two things. (1) How successful you where in life. (2) How hard you worked. With higher emphasis on number 2, people who have lower job skills would still be encouraged to work harder, knowing that it will eventually pay off in the long run. Poor breeds poor, but if the poor stay on the right track, they can still have a decient life. This last section is to cover the broader based ideals in the perfect economy. Kill the ?All people created equal polacy.? Lets face it, some poeple are superior and some are inferior, the minorities can't call for affirmative action by hiding behind that statement. If I want to hire someone based on the color of there skin or there fathers father, I will do it. Forget minimum wage, you get paid what you are worth, if you are worthless you get paid less. Likewise, if you have a good education and give it your all, you are worth more and thus get paid more. Though bleeding hearts would be in tears after reading this, I belive that this economy, though vague, would create a world power compairable to the present world military condition, alowing us to control the weak, not bleed all over them.

Examples and Definition of Discourse Domain in Speech

Examples and Definition of Discourse Domain in Speech In sociolinguistics, the term discourse domain refers to features or conventions of language use determined by the context in which communication takes place. A discourse domain typically includes a variety of registers. Also known as  cognitive discourse domain, discourse world, and knowledge map. A discourse domain can be understood as a  social construct as well as a cognitive construct. A discourse domain is made up of individuals who exhibit their own distinctive knowledge structures, cognitive styles, and biases. However, within the boundaries of a domain, there is continual interaction between domain structures and individual knowledge, an interaction between the individual and the social level (Hjà ¸rland and Albrechtsen, Toward a New Horizon in Information Science, 1995). See Examples and Observations below. Also, see: Cognitive LinguisticsConversation AnalysisDiscourseLinguistic VariationPragmaticsSpeech Community Examples and Observations Along the lines of what Wittgenstein called (2009) language games and Levinson (1979) labelled activity types,  discourse domains are  frameworks for conduct that organize participants verbal and non-verbal comportment around  recognized modes of activity grounded in shared norms, purposes and goals. Relevant activities include playing tennis, having an academic debate, or going on a walk with a dog- in short, activities that involve interacting with one or more human or non-human others in a particular setting and for specific kinds of reasons. -(Daniel Herman, Building More-Than-Human Worlds.  World Building: Discourse in the Mind, ed. by Joanna Gavins and Ernestine Lahey. Bloomsbury, 2016) These are some domain contextual examples (Based on Hymes, 1974; Gumperz, 1976; Douglas Selinker, 1985a): physical: setting, participants;phonological: voice tone, pitch, tempo, rhythm, volume;semantic: code, topic;rhetorical: register, style, genre;pragmatic: purpose, interactional salience;paralinguistic: posture, gesture, gaze, facial expression. The above list is not intended to be exhaustive and there are no doubt other types of contextualization cues, but it does give the reader a sense of the types of information available to language learners/users in communication situations. -Dan Douglas, Discourse Domains: The Cognitive Context of Speaking. Studying Speaking to Inform Second Language Learning, ed. by Diana Boxer and Andrew D. Cohen. Multilingual Matters, 2004 Contexts and Discourse Domains [A] discourse domain is a cognitive construct created in response to a number of factors, including semantic category, but also to other features of situational and linguistic context. For example, when we enter a room where a conversation is going on, we of course pay attention to the topic of the talk, but we also take note of a number of other features of the situation, including the physical setting, who the participants are, what the purpose of their conversation appears to be, whether the conversation seems to be businesslike, friendly, or angry, what features of language the participants are using, and what relationship they appear to have with each other. Depending upon our analysis of the situation in terms such as these, we might feel that this is a situation we are familiar with and would feel comfortable joining; in other words, as Douglas and Selinker would say, we possess a discourse domain for dealing with this communication situation... [D]iscourse domains are developed or engaged in response to signals in the situational and linguistic environment which interlocutors attend to in interpreting (indeed, creating) context. -Dan Douglas, Discourse Domains: The Cognitive Context of Speaking. Studying Speaking to Inform Second Language Learning, ed. by Diana Boxer and Andrew D. Cohen. Multilingual Matters, 2004 The Discourse Domain of Higher Education All persons involved in formal education at some point find themselves participating in various sorts of encounters, including less formal interactions in small groups- in laboratories, study groups, or colloquia. It is important to know how to display oneself as intellectually competent, and this is done more often than not through face-to-face interactions...How to utilize powerful speech behaviors without presenting oneself as arrogant involves a careful dance of negotiation. Joking, teasing, challenging, asking questions and commenting, getting and holding the floor- these are all important phenomena of face-to-face discourse in higher education... The discourse domain of education is one that everyone experiences. As an increasing number of citizens seek a higher education, it becomes ever more critical to understand how to negotiate relationships in this domain of interaction. The stakes are high. -Diana Boxer, Applying Sociolinguistics: Domains and Face-to-Face Interaction. John Benjamins, 2002 Story-Telling as a Discourse Domain There are clear reports that have shown that storytelling as a particular discourse domain is an activity that follows a well-delineated line of development within the mainstream culture. From very early on mother and child engage in an interaction format that resembles a book reading activity in the sense that both participants engage in a labeling game of more or less decontextualized units (cf. Ninio Bruner 1978; Ninio 1980). The capacity to label is not only a necessary prerequisite for the joint storytelling activity, it is also an activity that is propagated and embellished with short picture book-like stories that develop into more complicated narrations in the course of the pre-school years. -Michael G. W. Bamberg, The Acquisition of Narratives: Learning to Use Language. Mouton de Gruyter, 1987

Ideology of USA Foreign policy Term Paper Example | Topics and Well Written Essays - 3500 words

Ideology of USA Foreign policy - Term Paper Example He is critically involved in studying, researching, and publishing extensively on U.S foreign policy, mostly focusing on the US foreign ideologies in the Asian continent, particularly regarding major conflicts such as the Cold and Vietnamese war, which critically reflects the nature of US foreign policies in his book. In The making of U.S Foreign Policy, Dumbrell seeks to disapprove such notions regarding a fragmented and chaotic U.S foreign policy, and stresses that U.S foreign policy is logically constructed despite the many contestations from various institutions. Dumbrell presents American foreign ideologies as key policies that led to success or failure of different presidents in American history. In other words, each president has different ideologies; their tenure is mainly measured by how such foreign ideologies were successful, or limited in declaring American interests to the global world. All the same, the American foreign ideology of anti-communism and spreading democratic ideals to other regions resonates across all the presidents, but was more remarkable between the 50s and the 60s due to communism threat particularly across Asian continent. An important aspect that comes out from the American ideology is the competition between presidential ideologies, Congress policies and the pub lic interests. According to Dumbrell, since the American constitution does not address the issue of foreign policy in detail, this issue is left to the discretion of the president and the congress, which results in a power struggle between the two institutions, as different presidents formulate differing ideologies, some without approval of Congress and the public. . Therefore, Dumbrell’s book reflects on the power struggle between presidential ideologies, the policy of the executive, the intelligence body, Congress, and the general public opinion. Throughout the book, Dumbrell

Confession of a video vixen Research Paper Example | Topics and Well Written Essays - 2000 words

Confession of a video vixen - Research Paper Example They cruised along for a while and then got back to the shoot out as nothing transpired. She denotes the manner she emerged being the confidante of so many renowned personalities and the way she found herself in the drama theatre of Hollywood after living a life full of ordeals. She had been physically violated, raped and been involved in drugs at a tender age of twenty-six years old. The volume is written and narrated with a shoddiness that goes against the imagination decrees and gravity. The reader might weep all through the script and promptly relinquish it back to the stores or place of origin. None that she managed to study in her endeavors in the Hip-hop culture comprised grammar or a way of telling the story. The book makes a person speculate the reason why they did not employ a ghost artist or author or even Neil Strauss to compile and write the volume. Neil Strauss could at least have made the book comprised of quagmire of stupidity and dilapidation to some extent more deci pherable. Nevertheless, the saddest component of this entire book is that it would almost certainly do more to give confidence than dishearten youthful girls with squat sense of worth to pursue her path. For a deterrent account, there is not a complete lot of discouragement going on. Opinionative, any small minded or youthful girl would want to share the same dance floor with a superstar or even have the person pay her bills. This is because they fancy fame and consider the big fish as having very fat bank accounts. No one in this world would ever have heard the name Karrine Steffan, but maybe her face has been seen in hip-hop videos like Hey Papi that was sang by hip-hop legend Jay-Z and Dangerous by Mystikal. She has also featured in A Man Apart acted by Vin Diesel. Steffans commences her humid page-turner by means of a small number of chapters concerning her ill-treated early days on the St. Thomas Island. She arrived to America to subsist with her truant father. However, that wa s not any good to her. After that, she ended up drenched by a personality who termed himself Kool G. Rap, a ruined hopeful whose genuine personal name is Wilson Nathaniel. Worn-out of being trampled, she considered suicide, but as an alternative left her infant with his vicious father, putting her destination on L.A. Being employed in a boob job the author later realized that she possessed a certain authority over male counterparts, and was elevated by the notion of pleasing guys that numerous supplementary women sought after. The volume might be the most revealing expose’ and frank book of all times and is definitely defied for any person to put down. The volume is supposed to be a fundamental reading for all dreamy, hopeful actor even having thoughts of reaching the higher heights of Hollywood. This is for the reason that supposedly, half of the claims comprised in this rhythmic confession are factual; people are absolutely justified for all their denunciations against hip- hop as misogynistic. Many individuals wrote in demonstrating their unwillingness to read this exertion. In addition, it is understood for people to have the thoughts of shunning trashy writing and sustain themselves superior to it but on the contrary, it is also correct to deem

Understanding Difference Diversity to Develop Empathy

Understanding Difference Diversity to Develop Empathy Phil Makins 13th December 2016 Session 8 The topic of discussion today was Understanding Difference Diversity to Develop Empathic Understanding. We explored why an understanding of difference and diversity was important when using counselling skills in helping roles. We then went on to broaden that understanding and consider difference and diversity within our own personal relationships and in the wider social context to understand how this impacts on counselling. The reason difference and diversity is an important part of counselling training is to recognise that we are not all the same, everybody on the planet is a unique individual, even identical twins will have many differences in the way they feel and respond to different things. Whilst researching this topic I have come to realise that it is more complex than I first thought and goes far beyond the common diversity issues of gender, race, religion, and disability. Diversity runs much deeper than this and also comprises diversity of personalities, experiences, beliefs, and reactions to events. It is important to recognise such diversity if empathic understanding is to be provided to clients, but what is empathic understanding? And why is it so necessary? Empathic Understanding is one of the three core conditions of Person-Centred Counselling, the other two being Unconditional Positive Regard and Congruence. To be empathic has been described as seeing the world through the eyes of another person or walking in another persons shoes. It means that the counsellor accurately understands the clients thoughts, feelings, and meanings from the clients own perspective. When the counsellor perceives what the world is like from the clients point of view, it demonstrates not only that that view has value, but also that the client is being accepted. Could I show empathic understanding to a person or group whom I harbour stereotypical views or prejudice about? I doubt that I could be truly empathic in that situation so I would either change my mindset and try to remove the prejudice or take advice from my clinical supervisor. Further to this, empathy has often been confused with sympathy but they are very different. Empathy is something that is don e with someone whereas sympathy is a reaction to someone. Sympathy suggests feeling sorry for someone and that in turn suggests some sort of power imbalance, i.e. the person sympathising is in a greater position of power. Empathy is about being on an equal footing by entering into the clients world to try and understand and also communicating with each other to clarify and confirm that understanding. Without recognising diversity, it would be all too easy to impose our own thoughts and feelings onto a client, especially if the client is experiencing something we have experienced as It is human nature to look for similarities in other people and to identify with them. As counsellors, therefore, the challenge comes in identifying difference and being ok with it working with it, rather than being threatened by it. The counsellor who cant do this is merely placing more conditions of worth onto the client, which is incompatible with another one of the Core Conditions mentioned, namely, Unconditional Positive Regard. I started to think about my own beliefs and prejudices, do I have any prejudices? Surely not, I am a trainee counsellor and I work in a bank! But whenever I hear a Birmingham accent I`m afraid I do think that the person talking must be stupid. When I hear a Liverpool accent I think of youths, hoodies and joyriding. A quick bit of internet research shows that the three most disliked accents in the United Kingdom are Birmingham, Liverpool and Glasgow in that order with Birmingham being the most disliked. I know that for me to think all people from Birmingham are stupid and all youths from Liverpool are criminals is incorrect and wrong but our prejudices are deeply ingrained in us and difficult to remove as they have probably been instilled in us over a period of many years, possibly (probably) since childhood. So, how do we start to work towards removing our own prejudices? I should imagine one good way would be to Increase your exposure to or contact with those who belong to the groups toward which you have learned some prejudicial stereotypes. Misconceptions remain effective only when you avoid contact with those about whom you have misconceptions but, unfortunately, I do not know anyone from Birmingham or Liverpool. However, whenever I have prejudicial thoughts now I try and examine these thoughts and analyse why I am thinking them. I normally find that there is no real reason for my generalisation or prejudice and try and tell myself to remove the prejudicial feelings. If I keep reinforcing this I am sure it will start to work. We all experience things in a different way. A situation that could upset or annoy me could be viewed completely differently by another person. An example of this could be when theres a traffic accident and the police ask for witnesses to come forward and describe what happened. They like to have as many witness statements as possible so that they can build up enough evidence to give them a broader, more realistic version of events. In a traffic accident, there will be many different perspectives on what happened. The driver of one car will have one view, another driver or a passenger will have yet another view. Each onlooker who witnessed the accident will have a slightly different perspective, depending on where they were, how far away they were, how good a view they had, what else was going on, how much danger they felt they were in, how the accident affected them, what the accident means to them etc. Its the same principle with everything each situation, event or conversation means something different to all those involved, and also to those not involved. We give different meanings, according to our belief systems, and how we are affected by the event.

A comedy then is a problem-solving story, ending in resolution and order and normally symbolised by marriage?

‘A comedy then is a problem-solving story, ending in resolution and order and normally symbolised by marriage. ‘ How far would you agree with this statement when looking at Act 5 in ‘Twelfth Night'? Shakespeare's comedy ‘Twelfth Night' is mainly comedic due to the dramatic irony which is consistent throughout the play due to Viola, Sebastian's twin, pretending to be a man named Cesario. This is evident in Act 1 Scene 4 when Orsino is praising Cesario for how much of a woman ‘he' looks.‘Diana's lip/Is not more smooth and rubious' would be highly entertaining to the Shakespearean audience as they would be completely aware that Cesario was in fact a girl, and therefore would obviously have a smooth lip. This would be even more dramatic to the Shakespearean audience due to the fact that at that time only men were permitted to act. This was one of the problems created within the play as Viola constantly had to hide her true identity.This therefore suppo rts the idea that ‘a comedy then is a problem-solving story, ending in resolution and order' particularly when looking at Act 5 as this is when the rest of the characters find out Viola's true identity when she says ‘that I am Viola' and that she ‘hath been between this lady and this lord'. It also supports that the resolution is often ‘symbolised by marriage' as Viola goes on to marry Orsino. The marriage of Orsino and Viola also resolved another issue within the play- Orsino's unrequited love for Olivia.We were first made clear of this love in Act 1 Scene 2 when the captain explained that ‘he did seek the love of fair Olivia'. As well as this, in Act 2 Scene 4 we hear from Orsino himself that his love for Olivia is ‘more noble than the world' portraying the idea that his love is true, and not just due to her status or wealth, however Olivia claims ‘I think not of him' due to the fact that she is in love with Cesario. Despite this love that Orsino has for Olivia, he quickly directs that love to Viola in Act 5 when he asks Viola ‘give me thy hand ‘.Throughout the play it is often made clear that Olivia is in love with Orsino, for instance when he asks her to declare his love for Olivia, Viola replies ‘whoe'er I woo, myself would be his wife' but due to her masked identity is unable to confess resulting in their marriage resolving her unconfessed love for Orsino as well as his unrequited love towards Olivia. Furthermore, the separation of the twins is a major issue that needed to be solved in ‘Twelfth Night' being the root also of Viola's hidden identity.During the entire play the audience are aware that Sebastian is alive and therefore great suspense is created as to when Viola is going to find out, which again, is Act 5. Viola claims that her ‘father had a mole upon his brow', Sebastian's response of ‘and so had mine' made clear to both of the twins that they were in fact related, a s proven by this intimate fact. This certainly was a problem resolved, however in disagreement to the given statement indicating that resolutions to problems were ‘normally symbolised by marriage' the uniting of the twins was not symbolised by marriage in Act 5.When discussing the topic of unrequited love within ‘Twelfth Night' it is also necessary to mention the love that Olivia has for Cesario, Malvolio for Olivia as well as the hinted homosxual admiration that Antonio has for Sebastian. Out of these three, only one of these cases are resolved, that being Olivia's love. ‘Even so quickly may one catch the plague? ‘, this quotation from Act 1 Scene 5 portrays how quickly Olivia fell in love with Cesario.The use of ‘plague' being a quickly spread disease reinforces this idea of speed and unwillingness the love for him was due to his lower status. Due to Cesario actually being Viola, they could never be together as homosexuality wasn't accepted in that er a. However, Olivia's marriage to Sebastian provides her with the resolved, happy ending symbolised by marriage. In addition to the issues that have already been discussed, Sir Toby is a heavy burden to Olivia throughout the play and it is clear he is using her for her money and lifestyle.Despite Sir Toby being a knight, he is still a rather corrupt individual. His drinking habits are made clear multiple times in the play, one instance of this is in Act 1 Scene 3, Sir Toby says ‘I’ll drink to her as long as there’s a hole in my throat and booze in Illyria' in reference to Olivia. Not only is he a burden to Olivia, the only reason he continues his â€Å"friendship† with Sir Andrew Aquecheek is to gull him out of his money. The fact that he can tease Sir Andrew is only his second purposeof him, the first being his money in order to be able to continue his drinking habits. This is another problem resolved in Act 5, also symbolised by marriage, as he leaves Ill yria to wed Maria who had been well suited throughout the play due to their lack of morals shown in their sinister behaviour towards Malvolio. Sir Andrew Aguecheek is another character who loves Olivia, and unfortunately is one who is left at a loss at the end of the play.This therefore indicates that a comedy isn't a ‘problem-solving story, ending in resolution and order' as throughout the play we laugh at Sir Andrew Aguecheek as he is merely a foolish man, who is easily gulled by Sir Toby, and obliviously at that. Another reason why we laugh at him is due to the fact that he loves Olivia, for he is foolish to believe that such a woman of high status would consider Sir Andrew. He is also a coward throughout the play which adds to the comedy in the play, for instance when he is tricked into fighting Cesario.Sir Toby sums up Sir Andrew in Act 5 as ‘an ass-head, and a coxcomb, and a knave; a thin-faced knave, a gull'. This, arguably, may have been harsh however portrays th at Sir Andrew was left alone with no progression in his life apart from a possible realisation that he has been used by Sir Toby and stands no chance with Olivia. In conclusion, I would agree with the idea that ‘a comedy is a problem-solving story, ending in resolution and order and normally symbolised by marriage' in Act 5 as majority of the problems caused within ‘Twelfth Night', particularly the major ones, were solved, and symbolised by marriage.At the end of the play; Olivia was married to Sebastian who was happy to be with her in return; Viola was with the man that she loved, Orsino, who supposedly loved her back and was therefore no longer longing for Olivia; Sir Toby had gone off to wed Maria and so was no longer using Sir Andrew or Olivia. Despite characters such as Malvolio, Sir Andrew, Feste and Antonio being left unmarried and also the resolution of the twins being reunited not symbolised by marriage, the main issues which the comedy within the play was based around were resolved by marriage. A comedy then is a problem-solving story, ending in resolution and order and normally symbolised by marriage? Shakespeare's comedy ‘Twelfth Night' is mainly comedic due to the dramatic irony which is consistent throughout the play due to Viola, Sebastian's twin, pretending to be a man named Cesario. This is evident in Act 1 Scene 4 when Orsino is praising Cesario for how much of a woman ‘he' looks. ‘Diana's lip/Is not more smooth and rubious' would be highly entertaining to the Shakespearean audience as they would be completely aware that Cesario was in fact a girl, and therefore would obviously have a smooth lip. This would be even more dramatic to the Shakespearean audience due to the fact that at that time only men were permitted to act.This was one of the problems created within the play as Viola constantly had to hide her true identity. This therefore supports the idea that ‘a comedy then is a problem-solving story, ending in resolution and order' particularly when looking at Act 5 as this is when the rest of the characters find out Viola's true identity when she says ‘that I am Viola' and that she ‘hath been between this lady and this lord'. It also supports that the resolution is often ‘symbolised by marriage' as Viola goes on to marry Orsino.The marriage of Orsino and Viola also resolved another issue within the play- Orsino's unrequited love for Olivia. We were first made clear of this love in Act 1 Scene 2 when the captain explained that ‘he did seek the love of fair Olivia'. As well as this, in Act 2 Scene 4 we hear from Orsino himself that his love for Olivia is ‘more noble than the world' portraying the idea that his love is true, and not just due to her status or wealth, however Olivia claims ‘I think not of him' due to the fact that she is in love with Cesario.Despite this love that Orsino has for Olivia, he quickly directs that love to Viola in Act 5 when he asks Viola ‘give me thy hand ‘. Throughout the play it is often made clear that Olivia is in love with Orsino, for instance wh en he asks her to declare his love for Olivia, Viola replies ‘whoe'er I woo, myself would be his wife' but due to her masked identity is unable to confess resulting in their marriage resolving her unconfessed love for Orsino as well as his unrequited love towards Olivia.Furthermore, the separation of the twins is a major issue that needed to be solved in ‘Twelfth Night' being the root also of Viola's hidden identity. During the entire play the audience are aware that Sebastian is alive and therefore great suspense is created as to when Viola is going to find out, which again, is Act 5. Viola claims that her ‘father had a mole upon his brow', Sebastian's response of ‘and so had mine' made clear to both of the twins that they were in fact related, as proven by this intimate fact.This certainly was a problem resolved, however in disagreement to the given statement indicating that resolutions to problems were ‘normally symbolised by marriage' the uniting of the twins was not symbolised by marriage in Act 5. When discussing the topic of unrequited love within ‘Twelfth Night' it is also necessary to mention the love that Olivia has for Cesario, Malvolio for Olivia as well as the hinted homosxual admiration that Antonio has for Sebastian. Out of these three, only one of these cases are resolved, that being Olivia's love.‘Even so quickly may one catch the plague? ‘, this quotation from Act 1 Scene 5 portrays how quickly Olivia fell in love with Cesario. The use of ‘plague' being a quickly spread disease reinforces this idea of speed and unwillingness the love for him was due to his lower status. Due to Cesario actually being Viola, they could never be together as homosexuality wasn't accepted in that era. However, Olivia's marriage to Sebastian provides her with the resolved, happy ending symbolised by marriage.In addition to the issues that have already been discussed, Sir Toby is a heavy burden to Olivia througho ut the play and it is clear he is using her for her money and lifestyle. Despite Sir Toby being a knight, he is still a rather corrupt individual. His drinking habits are made clear multiple times in the play, one instance of this is in Act 1 Scene 3, Sir Toby says ‘I’ll drink to her as long as there’s a hole in my throat and booze in Illyria' in reference to Olivia. Not only is he a burden to Olivia, the only reason he continues his â€Å"friendship† with Sir Andrew Aquecheek is to gull him out of his money.The fact that he can tease Sir Andrew is only his second purpose of him, the first being his money in order to be able to continue his drinking habits. This is another problem resolved in Act 5, also symbolised by marriage, as he leaves Illyria to wed Maria who had been well suited throughout the play due to their lack of morals shown in their sinister behaviour towards Malvolio. Sir Andrew Aguecheek is another character who loves Olivia, and unfortuna tely is one who is left at a loss at the end of the play.This therefore indicates that a comedy isn't a ‘problem-solving story, ending in resolution and order' as throughout the play we laugh at Sir Andrew Aguecheek as he is merely a foolish man, who is easily gulled by Sir Toby, and obliviously at that. Another reason why we laugh at him is due to the fact that he loves Olivia, for he is foolish to believe that such a woman of high status would consider Sir Andrew. He is also a coward throughout the play which adds to the comedy in the play, for instance when he is tricked into fighting Cesario.Sir Toby sums up Sir Andrew in Act 5 as ‘an ass-head, and a coxcomb, and a knave; a thin-faced knave, a gull'. This, arguably, may have been harsh however portrays that Sir Andrew was left alone with no progression in his life apart from a possible realisation that he has been used by Sir Toby and stands no chance with Olivia. In conclusion, I would agree with the idea that †˜a comedy is a problem-solving story, ending in resolution and order and normally symbolised by marriage' in Act 5 as majority of the problems caused within ‘Twelfth Night', particularly the major ones, were solved, and symbolised by marriage.At the end of the play; Olivia was married to Sebastian who was happy to be with her in return; Viola was with the man that she loved, Orsino, who supposedly loved her back and was therefore no longer longing for Olivia; Sir Toby had gone off to wed Maria and so was no longer using Sir Andrew or Olivia. Despite characters such as Malvolio, Sir Andrew, Feste and Antonio being left unmarried and also the resolution of the twins being reunited not symbolised by marriage, the main issues which the comedy within the play was based around were resolved by marriage.

Law of Contract Essay

A contract intends to formalize an agreement of two or more parties, in relation to a particular subject. Contracts can cover an extremely broad range of matters including the sale of goods or real property, the terms of employment or of an independent contractor relationship, the settlement of a dispute and ownership of intellectual property developed as part of work for hire. Essential Elements of a Contract * Clear certain and communicated agreement. Meaning that the parties are consensus ad idem or are of the same mind. The parties to the contract have mutual understanding of what the contract covers, eg. In a contract for the sale of a ‘mustang’ the buyer thinks that he will obtain a car and the seller believes he is contracting to sell a horse, there is no meeting of the minds and the contract will likely be held unenforceable. Offer and Acceptance Agreement = offer + acceptance Requirements of a valid offer * Offer must be definite. It must not: * Leave aspects of the agreement dependent upon the future will of parties (Kantor v Kantor) * Leave aspects of the agreement blank or open to subsequent negotiation (Bundell v Blan & King v Potgieter & Finestone v Humburg) * Contain wording which is vague * Offer must be made with the intention of being accepted by some other person. Excludes the following which are not offers but simply invitations to do business. * General statements of lowest price (Efroiken v Simon) * Statements of lowest price in response to a specific inquiry (Harvey v Facey) * Invitations to tender (Spencer v Harding) * Newspaper advertisements in general (Shepherd v Farrel Estate Agency) * Advertisements by transport companies of their charges for conveying goods (Frazer v Frank Johnson) * Displays in shop windows (Crawly v Rex) * Displays on self service counters (Pharmaceutical Society of Great Britain v Boots Cash Chemists Ltd) * Restaurant menus. Reward Cases Adverts constitutes offer (Carlill v Carbolic Smoke Co One reward is only offered first person doing what is required is entitled to that reward. (Lee v American Swiss Watch Co.) No reward may be claimed by anyone who fulfilled the requirement not knowing of that reward (Bloom v American Swiss Co.) What is required must be done voluntarily. * Offer must not have been revoked. Offer may have been revoked or lapse in one of the following ways: * Offeree is notified that it has been revoked. * Either the offeror or offeree dies. * Lapse of a reasonable period of time. * Supervening impossibility or illegality * Rejection as where the offoree makes a counter offer which contradicts the original offer by proposing specific alterations to the terms of that offer. * Offer must be one on which an optimal time limit has not expired. * Note: keeping an offer open until the offeree is in a position to accept is permissible, since the period, although unknown, is not indefinite (Hanekan v Mouton) * In the case of an option which is offered gratuitously, silence is not acceptance (Beinart v Zeffert) * The right of acceptance of an option, provided that it is also a cash sale, can be ceded. (Hersh v Nel) * Written acceptance of an oral option is only valid upon receipt regardless of the distance between the parties. (Smeiman v Volkersz) * A provisional option allows either party to withdraw before the due date, whilist an option for a limited time at the descetion of the offeror similarly allows that offeror to withdraw, as state at his discretion. (Gerson v United Tobacco Co.s) Termination of the Offer * By acceptance- an offer which has been accepted constitutes a contract. That offer is no longer available for acceptance. * By rejection- an offer is rejected if: 1) The offeree notifies the offeror that he does not wish to accept the offer. 2) The offeree attempts to accept the offer but subject to certain conditions. 3) The offeree makes a counter offer (Hyde v Wrench) * By revocation before acceptance- an offer may be revoked (withdrawn) any time before acceptance, but will only be effective when the offeree learns about it. * If the offer lapses-the offeror may stipulate that the offer is only open for a limited period of time. Once it has lapsed any acceptance is invalid. Even if no time limit is mentioned, the offer will not remain open indefinately. It must be accepted within a reasonable period of time. * Death- if the offeror dies after having made an offer and the offeree is notified of the death any acceptance will be invalid. * Failure of a condition attached to the offer. An offer may be made subject to conditions. Such a condition may be stated expressly by the offeror or implied by the courts from the circumstances. If the condition is not satisfied, the offer is not capable of being accepted. Requirement of a valid acceptance * Acceptance must be definite and unconditional. (Watermeyer v Murray & Jones v Reynolds) acceptance must be unequivocal and stated intention to accept is not adequate. (Boerne v Harris) * Acceptance must be communicated. * Mere stated intention to accept is insufficient. (Dietirchsen v Dietrichsen) * Acceptance may be ither expressly stated or manifested by conduct. (Reid Bros v Fisher Bearings Co) * Silence can not be acceptance. (East Asiatic Co.v Midland Manufacturing Co.) except where there is a duty expressly to repudiate as with brokers notes. (Benoni Produce & Coal Co. v Grendelfinger) * An offeror is free to dispense with the normal modes of communication to indicate alternative methods of acceptance eg by dispatch of goods (Rex v Net &Mackenzie v Farmer’s Co-op Ltd) * Where specific form of communication is demanded by the offerror acceptance by any other method is void. (Eliason v Henshaw) * Whilist an offeror may prescribe the manner of acceptance, he may not prescribe the manner of refusal.eg by taking acceptance for grantedif the offeree has not acted in a certain way by a certain time. (Felthouse v Bindley) Acceptance by post or telegram or telephone or telex In acceptance by post, the basic rule is that the manner of offer implies the manner of acceptance, consequently: * Where written acceptance follows a written offer, acceptance is valid at the timeof posting (Cape Explosive Works Ltd v Lever Brothers Ltd) * Where written acceptance follows an oral offer or option (Smeiman v Volkers) acceptance is only valid upon receipt regardless of the distance between the parties. But * Where offeror has demanded some other form of acceptance, written acceptance is void (Eliason v Henshaw). Note: * Acceptance to a wrong address due to the offeror’s fault, is valid unless the offeree knew or suspected without checking, but where the mistake is the offoree’s acceptance is void. * Acceptance to the correct address, where the offeror has left that address without notifying the offeree is valid. (Naude v Malcom) * Correctly addressed and posted acceptance which does not arrive is valid. (Household Fire Insurance Co. v Grant) * An address incorrectly spelt by the offeree will only postpone acceptance to the time of receipt if the error was so fundamental as to cause delay. (Levben Products Ltd v Alexander Films Ltd) * Acceptance must be made by person for whom the offer was intended. Right of acceptance can not be ceded by offeree to a third party. (Blew v Snoxell & Bird v Summerville) * Acceptance must not be based on some justifiably mistaken. A contracting party may only avoid a contract based on his mistake if: * Justus error was present and he was therefore blameless plus * Mistake was maternal and essential or important. Ticket Cases Unsigned document such as tickets or receipts, which contain terms waiving liability on the part of contracting party A which are unknown to the other party B. Thus B can only sue A if B is blameless and this will only be the case if all of the following apply * There was no public notice displaying the terms. * The terms were not pointed out. c) The ticket was not of the type. * Contractual Capacity, meaning that the parties are legally capable of contracting. Only persons can contract, a person having the capacity to acquire rights and duties. But not only natural persons can do so. Our law recognizes the existence of artificial persons who can likewise acquire rights and duties. The most important of these are companies incorporated in terms of the companies act. The general rule is that every person is able to contract freely, within the limits of the law. But there are certain persons of limited contractual capacity whose power to enter into binding agreements is limited. Minors: a minor is a unmarried person under the age of 18. During the term of his minority he is under the custody and lawful authority of a guardian whose duty it is to maintain the minor until he can maintain himself, administer his property and assist him in contracting. * Unassisted contracts A minor may not, as a general rule sue or be sued or contract without the assistance of his guardian should he attempt to do so the contract is void. The Roman Dutch authorities speak of such purpoted contracts as being void in one direct (that is as far as the minor is concerned) and valid in another (that is as far as the other is concerned. A minor may, however, in certain cases acquire a perfectly valid obligation without his guardian’s assistance. These obligations are only exceptionally contractual, even though they often arise in the course of attempts to contract. * Enrichment Wherever a minor is unjustly enriched in terms of a purpoted contract he is bound to the extent that he is enriched. He is bound to restore to the other party to the purpoted contract so much of what he has received as remains in his possession or to pay a sum of money to the value of the advantage received. But the minor is not bound by the contract, the contract remains void. His obligation arises simply because he has been enriched at someone else’s expense. (Tanne v Foggit) * Fraudulent Misrepresentation of Majority Where a minor fraudulently misrepresents his age or pretends that he has been emancipated and by so doing deceives another person who is induced to contract with the minor, believing him to be of full age or emancipated, the minor incurs an obligation. But once again the obligation is not contractual. The minor is not bound by the contract, which is void. But the fraud being a delict, he is bound delictually to make good to the other party any loss he suffered as a result of the fraud. It is essential that the other person be misled, otherwise there can be no loss as a result of the fraud. It follows that a minor must be of such an age that it is possible for an innocent person to be misled. * Tacit Emancipation Where a minor is tacitly emancipated he can incur a binding contractual obligation within the field of his emancipation. Tacit emancipation occurs where a minor is allowed by his guardian to carry on business, or any other occupation, on his own behalf. In such circumstances the minor may himself validly contract in regards to that business. He may not, however, contract outside that business without his guardian’s consent. * Ratification Where a minor purports to contract without his guardian’s consent the contract may be subsequently ratified by either guardian, when the effect is precisely the same as if the guardian had consented at the time of the contract or the minor himself on attaining majority. Such ratification may be express or implied. It is implied eg where a person after attaining his majority, continues to use an article, which he purpoted to buy during his minority as his own, or indicates otherwise by his actions an intention to be bound. (Stuttaford & Co v Oberholzer) Once the ratification has taken place the contract is rendered valid and effective from the time of the purpoted agreement. The authority which was lacking is supplied by the subsequent ratification. Assisted contracts A minor is bound either by contracts on his behalf by his guardian or by contracts made by himself with the assistance of the guardian. * Mentally ill persons A purpoted contract made by a mentally ill person is void if at the time of agreement he could not understand and appreciate the transaction into which he purpoted to enter or if his consent was motivated or influenced by an insane decision cause by mental disease. All persons are presumed to be sane, unless they have been declared mentally disordered by an expert in the medical field. The contract is presumed void unless it can be shown that it was entered into at a time when the person concerned was in full possession of his faculties. (Prisloo’s Curators v Crafford & Prinsloo) or that his state of mind was such that he was able to understand the nature of the contract into which he entered and to appreciate properly the duties and responsibilities which were created by that contract. * Drunk Persons Where a person enters into a purpoted contract while so drunk that he does not know he is entering into a contract or he has no idea of the terms of the contract, the contract is void. The fact of drunken ness will not prevent the person concerned from incurring an obligation on the ground of enrichment. * Prodigals A prodigal (that is a person declared by the court to be incapable of managing his affairs as a result of a propensity to squander his assets) cannot contract with regard to his property. If he purports to do so the contract is void. Ut outside the field of his property he is entitled to contract freely. He may marry. The court in declaring a person to be prodigal appoints a curator bonis whose duties are to administer the affairs of the prodigal, subject to the overriding approval of the courts. * Insolvent Persons The sequestration of the estate of insolvent divests him of his estate and vests it, after appointment in a trustee. Property which he subsequently acquires before rehabilitation also vests in the trustee with certain exceptions. Certain restrictions are place on his freedom to contract, but he is in all other respects fully capable of contracting The restrictions are: -an insolvent may not contract in such a way as to purport to dispose of any property of his insolvent estate. -he may not without the written consent of his trustee enter into any contract whereby his estate is likely to be adversely affected. -he may not without the written consent of his trustee have any interest in or be employed in the business of a trader who is a general dealer. Should the insolvent, however purpot to contract in breach of these provisions of the act the contract is not void. It remains valid until it is set aside by the trustee. * Persons who have been convicted of Crime In certain cases, which do not require setting out in detail, ad which vary dependency on the crime committed and the sentence, imposed convicted persons are subject to various disqualification eg if convicted of theft, fraud, forgery or perjury and sentenced to imprisonment, they are disqualified from being appointed company directed. * Alien Enemies An alien enemy (namely a person residing or carrying on business in enemy territory) may not sue on our courts and all commercial relations with him is prohibited. * Serious Intent, meaning the parties intend their agreement to be binding and legally enforceable. When parties enter into an agreement ‘subject to contract’ they are expressly stating that they will not be bound unless and until a formal contract is drawn up. * Necessary Formalities. In some cases , certain formalities (writing) must be observed. * Contracts which must be in the form of a deed. Certain transactions involving land require a deed that is conveyances, legal mortgages and leases for more than 3 years. A promise of a gift is not binding unless in this form. * Contracts which must be in writing a contract for the sale or other disposition of land can only be made in writing and only by incorporating all the terms which the parties have expressly agreed. In one document or where the contracts are exchanged in each. The document must be signed by or on behalf of each party to the contract. Bills of exchange, cheques and promissory notes must be in writing. Similarly the transfer of shares in a limited company must be in writing. Employment contracts should be in writing with terms and conditions of employment. * Possibility of performance that is performance of the contract must be possible. * Legality that is the agreement must be lawful. The purpose of the agreement must not be illegal or contrary to public policy where a contract involves some wrong doing, It will be illegal. If however, the conduct is neither immoral or blameworthy but simply undesirable the contract will be void. A court may object to an agreement either because of a rule of common law or because it is contrary to statute. Contracts illegal at common law * Contracts to commit crimes or civil wrongs eg a contract to assassinate someone or to defraud Zimra * Contracts involving sexual immorality * Contracts tending to promote corruption eg contract to bribe an official. * Contracts trading with an enemy of the state * Contracts directed against the welfare of a friendly foreign state. * Contract prejudicial to the administration of justice eg contract not to prosecute a person for an offence concerning the public. * Genuineness of Consent The agreement must have been entered into freely and involves a meeting of the minds. The agreement must not be invalidated by a number of factors, mistake, misrepresentation, duress and undue influence. * Mistake The general rule is that mistake does not affect the validity of a contract. The guiding principle is the caveat emptor which means ‘let the buyer beware.’ So if a person agrees to pay $1000 for a car which in reality is only worth $500, the contract is valid and he must stand the loss. It should be noted that a mistake at law will not invalidate a contract, since everyone is presumed to know the law. There are , however some kinds of mistake which so undermine the agreement that the contract is void. If this is the case, no rights of ownership can pass and any goods which have changed hands can be recovered. A mistake will invalidate the contract in the following situations. * Mistakes as to the subject matter of the contract. The parties may be mistaken as to the identity of the subject matter. If a seller makes an offer in respect of one thing and the buyer accepts, thinking of something else, the parties are clearly talking at cross purposes and there is no contract. * – mistake as to the identity of one of the parties. This may invalidate the contract where the identity of the party to the contract is material to the contract, a mistake will result in the contract being void. Where the identity of the party is not material, the contract will be valid until the mistaken party avoids the contract for misrepresentation. * Mistaken signing of a written document. As a general rule, a person who signs a document is assumed to have read, understood and agreed to its contents. Exceptionally, a person may not be able to plead ‘nonest factum’- ‘it is not my deed.’ 3 factors must be present if the contract is to be avoided, the signature must have been induced by fraud, the document signed must be fundamentally different from that thought to be signed and the signer must not have acted negligently. Rescission of terms The court may be prepared to set aside an agreement provided the parties accept the conditions imposed by the court for a fairer solution to the problem Rectification If a mistake is made in reducing an oral agreement into writing, the court may rectify the document so that it expresses the true intention of the parties. Specific performance A court may refuse to grant an order for specific performance against a party who made a mistake, if it would be unfair to enforce the contract against him. * Misrepresentation The formation of a contract is often preceded by a series of negotiations between the parties. Some of the statements made may turn out to be false. The nature of the statement will determine whether a remedy is available and if it is what type of remedy. A false stamen which is not incorporated into the contract is known as misrepresentation. A misrepresentation is a false statement made by one party to induce the other to enter into a contract. It must be shown that the statement has induced the person to whom it was made to enter into a contract. Kinds of misrepresentation and their effects There are 3 kinds of misrepresentation; fraudulent, negligent or innocent. In each case the contract is voidable. * Fraudulent Misrepresentation If the person making the statement knows that what he said is false, he will be liable for fraud. The injured party may rescind the contract and also sue for damages for the deceit. * Negligent Misrepresentation This is where the person making the false statement has reasonable grounds for believing it to be true. Damages may be awarded for a negligent misstatement. * Innocent Misrepresentation Is a false statement made by a person who had reasonable grounds to believe that it was true, not only when it was made, but also when the contract was entered into. The basic remedy is rescission of the contract. Rescission It aims to restore the parties to their pre contractual positions. Money or goods which have changed hands must be returned. * Duress and Undue Influence The general rule of law is that a contract will only be valid if the parties entered into it freely and voluntarily. Where a party to a contract or his family is subjected to threats of violence, the contract may be avoided on the grounds of duress. In undue influence, the relationship between the parties may be such that one occupies a position of dominance and influence over the other. There are several relationships such as doctor and patient, solicitor and client, parent and child where it is automatically assumed that undue influence has been at work. The contract will be set aside unless the dominant person can prove that the complainant had independent advice. Where there is no special relationship between the parties the complainant must prove that pressure was applied. Breach of Contract This may occur in a number of ways. It may be an anticipatory or actual breach. * Anticipatory Breach This is where a party states in advance that he does not intend to carry out his side of the contract or puts himself in a position whereby he will be unable to perform. The injured party may sue immediately for breach of contract or alternatively wait for the time for performance to arrive to see whether the other party is prepared to carry out the contract. * Actual Breach One party may completely fail to perform his side of the bargain or he may fail to carry out one or some of his obligations. Not every breach of contract has the effect of discharging the parties from their contractual obligations. The terms of the contract may be divided into those terms which are important (conditions) and the less important terms (warranties). A breach of a condition does not automatically terminate the contract. The injured party has a choice: he may wish to be discharged from the contract and claim damages for the breach. A breach of warranty only entitles the injured party to sue for damages. Remedies Every breach of contract will give the injured party the right to recover damages (financial compensation) other remedies such as specific performance and injunction, may be granted at the discretion of the court as part of its equitable jurisdiction. Damages In the business world it is quite common for the parties to agree in advance the damages that will be payable in the event of a breach of contract. These are known as liquidated damages. If there is no prior agreement as to the sum to be paid, the amount of damages is said to be unliquidated damages. Liquidated Damages The parties establish at the outset of their relationship the financial consequences of failing to live up to their bargain. Provided the parties have made a genuine attempt to estimate the likely loss, the courts will accept the relevant figure as the damages payable knowing the likely outcome of any legal action, the party at fault will simply pay up without argument. Unliquidated Damages The aim is to put the injured party in the position he would have been if the contract had been carried out properly. Damages are designed to compensate for the loss. If no loss has been suffered, the court will only award nominal damages: a small sum to mark the fact that there had been a breach of contract. Equitable Remedies The normal remedy for breach of contract is an award of damages at common law. There are some situations, however where damages would neither be adequate nor appropriate. Equity developed other forms of relief to ensure that justice is done. The more important of these equitable remedies are specific performance and injunction. Specific Performance A decree of specific performance is an order of the court requiring the party in breach to carry out his contractual obligations. Failure to comply with the directions of the court, lays the defendant open to imposition of penalties for contempt of court. Injunction This is an order of the court requiring the party at fault not to break the contract. Its main use is to enforce the negative promises that can that can occassionaly be found in employment contracts. The employee may agree eg not to work in a similar capacity for a rival employer during the period of his contract. Cancellation of the Contract The parties to a contract may expressly agree that breach of a certain term will entitle one of them to cancel the contract. Such express terms entitling cancellation may take any form, but the most common are forefeiture clauses, fore closure clauses and the lex commissoria. A forefeiture clause in a contract of letting and hiring is a clause which entitles the landlord to cancel the lease and have the tenant ejected. If the tenant is in breach of certain specified terms one of which is usually the payment of rent on the due date. In the absence of such a forefeiture cluse, a term governing the payment of the rent on a particular date is not material term and the land lord canot therefore terminate the contract merely on the ground that the lesee is in arrear with the rent. A foreclosure clause in a mortgage is a clause entitling the mortgagee to call up the bond where the mortgagor is in default usually by non payment of interest on due date. A lex commissoria is a provision in a contract of sale that the seller is entitled to cancel the contract on breach of one or other of the terms of the contract usually non payment of an instalment in the case of a sale where payment is made by instalments. Such a lex commissoria may, and usually does, contain valid penal provisions entitling the seller to retain so much of the purchase price as had already been paid to him, despite his cancellationof the contract and recovery of the subject matter of the sale. Termination of Contracts Performance A contract is terminated by the performance of the reciprocal obligations of the parties. Set off Where 2 parties are in debt to each other and the debts are due and liquidated, both debts are automatically extinguished if they are of the sameamount. If one is larger than the other, the smaller is extinguished and the larger automatically reduced by the amount of the smaller debt. Merger It is the concurrence of the debtor and creditor in the same person and in respect of the same obligation. It destroys the obligations in respect of which it operates. Thus if x is the tenant of y and he purchases the property from y, the lease comes to an end and for the capacities of landlord and tenant are merged in x. Agreement The parties may by agreement put an end to contractual obligations by waiver or novation. In both cases the express or implied agreement of both parties is necessary. * Waiver Is the abandonment of rights by one or both parties to a contract. It is itself a contract which requires offer and acceptance in the ordinary way. Agreement to waive may be implied, but the courts will not lightly infer the abandonment of a right. It must appear clearly from the words or conduct of the parties. The person who waives a right can only effectively do so if he has full knowledge of the right. If he purports to waive a right while ignorant of its extent even as a result of ignorance of the law the waiver is ineffective, despite the rule ignoratia uris haud excusat, provided the ignorance is probable and justifiable. The abandonment may be of all rights under the contract, which is in other words cancelled by mutual agreement, or of only certain of the rights eg waiver of one party only. Novation It occurs where the parties agree to a new contract which replaces the only one completely. The original contract is therefore terminated a new contract comes into being. The new contract, may indeed bring third parties to the original contract into the new one as parties (eg assignment and delegation) Cession on the other hand is really something different. There is not a rule to the new contract and therefore no novation. The original contract remains in existence but the right to receive performance is ceded by the cedent to the cessionary. Compromise is an agreement between persons for the settlement of a matter in dispute, each party abating some of its previous demands. If parties to a contract dispute each other’s rights in terms of the contract and subsequently they compromise their rights are regulated by the compromise and not by the original contract which falls away. In such a case, as the parties enter into a new contract which replaces the old one, it is clear that compromise is a form of novation and the ordinary rules apply eg a compromise requires strict proof, the presumption being against it. Insolvency The contractual rights and duties of an insolvent are affected in various ways by the sequestration of his estate. The majority of the rights and duties of the insolvent vest automatically in the master of the supreme court until the appointment of a trustee when they vest in the trustee. It is the duty of the trustee to recover all debts due to the estate, to liquidate the estate and to distribute the proceeds among the creditors who have proved claims against the estate. Insolvency is terminated by rehabilitation by court order. Rehabilitation discharges all debts of the insolvent, which were due, or the cause of which had arisen before sequestration. Death Death of a party does not terminate the contract. A form of compulsory assignment takes place and the rights and duties of the deceased, other than in terms of contracts involving personal skill which are terminated, pass to the executor.